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MO Opinion No. 70-2019 April 15, 2019

Did the Missouri AG approve the form of the Mark Pedersen petition to amend Article XIV of the Missouri Constitution?

Short answer: Attorney General Eric Schmitt rejected the form of the Mark Pedersen initiative petition (2020-057), which proposed to amend Article XIV of the Missouri Constitution, because the petition did not bracket text to be deleted and underline new matter as required by § 116.050, RSMo.

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This page answers the general question as of 2019. Ezel answers yours: what it means for your facts, under current Missouri law, with citations.

Currency note: this opinion is from 2019
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
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Plain-English summary

Attorney General Eric Schmitt rejected the form of the Mark Pedersen initiative petition (2020-057), which proposed to amend Article XIV of the Missouri Constitution. Article XIV is Missouri's medical marijuana article (added by the 2018 Amendment 2). The form defect identified was the same recurring one in this 2019 cycle: the petition did not show its proposed changes in markup form (brackets around deletions, underlines beneath additions) as § 116.050, RSMo, requires. The AG stopped at this one ground and did not look for additional defects. § 116.332.4 leaves the final form determination with the Secretary of State.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is Article XIV of the Missouri Constitution?

Article XIV is Missouri's medical-marijuana article, added by voter-approved Amendment 2 in November 2018. It authorizes a regulated medical-marijuana program and sets the constitutional framework for licensure, taxation, and access.

Why is the bracket-and-underline rule so frequently the basis for rejection?

It is a strict formatting rule that catches petitions whose drafters did not follow Missouri's specific markup convention. It is one of the easiest defects to detect and one of the most common in petitions filed by less-experienced proponents.

Who is Mark Pedersen?

A 2019 initiative proponent. The opinion does not provide further biographical detail.

Can Pedersen fix and resubmit?

In practice yes, after reformatting to comply with § 116.050. The AG's letter does not address resubmission, but Chapter 116 contemplates revised filings.

Does an Article XIV amendment require different procedures than a statutory amendment?

The substantive change is constitutional rather than statutory, which affects signature thresholds (Mo. Const. art. III, § 50) and the type of approval needed. But the markup rule in § 116.050 applies to both kinds of petitions.

Background and statutory framework

Chapter 116 of the Revised Statutes of Missouri governs initiative and referendum procedure. § 116.050 sets out form requirements including the bracket-and-underline markup convention. § 116.332 routes petitions through the AG for form review. § 116.332.4 makes the Secretary of State the final authority on form.

Citations

  • § 116.050, RSMo (petition format and bracket-and-underline rule)
  • § 116.332, RSMo (AG form review)
  • § 116.332.4, RSMo (Secretary of State's final authority)
  • Mo. Const. art. XIV (medical marijuana, the article the petition proposed to amend)
  • Initiative Petition 2020-057 (Pedersen, Article XIV)

Source

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
JEFFERSON CITY, P.O. Box 899

April 15, 2019
OPINION LETTER NO. 70-2019

The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Ashcroft:

This opinion letter responds to your request dated April 5, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Mark Pedersen (2020-057).

We conclude that the petition must be rejected for at least the following reason:

The petition does not contain "all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined" as required pursuant to § 116.050, RSMo.

Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist. Pursuant to § 116.332.4, RSMo, the Secretary of State is authorized to review this opinion and "make a final decision as to the approval or rejection of the form of the petition."

Very truly yours,

ERIC S. SCHMITT
Attorney General

OP-2019-0072

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